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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I've recently separated with my partner of about 10 years,

Resolved Question:

Hi I've recently separated with my partner of about 10 years, we have a child together.
After the separation we agreed equal time with the child (7 days for each parent in every 2 week period). She agreed to this arrangement by iMessage / electronic text communication which I have proof of.
We also agreed private arrangements towards the child's up keep. However, she has now come to ask for more threatening that she will go to CSA and reduce the amount of time I have with the child (obviously so she can get more money via CSA), this request / threat was also via iMessage / electronic text communication which I have proof of.
I don't mind paying her CSA money as it's less than what I've agreed to anyway but can I fight her attempt to reduce the number of nights the child spends with me on the basis that it is financially driven rather than in the child's best interest? Her messages prove that she is seeking to reduce it to get more money and earlier messages show that other than her attempting to get more money she was happy with the child spend an equal amount of time with each of us.
Thank you and look forward to your response.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Ho wold is the child and what it is the pattern of contact which has been agreed

Customer: replied 1 year ago.
The child is 7, but will be 8 in a few months time.The pattern agreed in text and with a diagrammatic chart which the other party has agreed to in electronic communication is as follows: Parent "A" has the child 4 nights and days this week, while Parent "B" has the child 3 nights and days. The following week, Parent "A" will have the child 3 nights and days, while Parent "B" has the child 4 nights and days. Meaning each parent has the child an equal amount of 7 days and nights in every 14 days or two week period.However the mother is now looking to change that solely because it will enable her claim more money via CSA and has threatened that in writing.eThank you.
Expert:  Clare replied 1 year ago.

Is that the current pattern of contact?

Customer: replied 1 year ago.
that is the current pattern and it was yesterday evenings the threat was made, so the current pattern remains in place at least till the child returns to the mother on Sunday evening.
Expert:  Clare replied 1 year ago.

How long has it been like that

Customer: replied 1 year ago.
Over a month, before that there was no definite pattern agreed but the child probably spent the same amount with me if not more with me if not slightly more because then I had the child during the week and or all weekends before the schedule was agreed.The separation it's self is just about two months.
Expert:  Clare replied 1 year ago.

Is it working for the child - and will it work once the child is at school?

Customer: replied 1 year ago.
it's working for the child and it will work once she returns to school, my employer allows flexible working.
Customer: replied 1 year ago.
Also the child's school has after school and breakfast club facility which I would be happy to pay for if she needs to use it for any reason.
Expert:  Clare replied 1 year ago.

In fact neither parent has the power to dictate how the child will share his or her time between them

There is no longer and concept of Custody and Access - or even Residence and Contact - there are Child Arrangement Orders setting out how care is shared between the parents.

If your ex seeks to change the current agreement and mediation is not successful and a Court application has to be made then it is likely that the current arrangements will be confirmed if they have indeed been working for the child

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I was of the opinion that the mother automatically had custodial rights?The only chance I thought I had here was because she had agreed to an arrangement which was working and the only reason she is now seeking to change is a manoeuvre to be able to get more money via CSA, which her communications prove, but from your communication you have inferred that she is definitely not in a position to dictate if the child says she wants equal time with both of us and the current schedule continues to work?If so I will definitely put in court application should mediation prove unsuccessful, if that is the case would you be able to help with the application and representation should it go that far please?